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No interference if selection process for UPSC is fair: CAT

Last Updated: Friday, February 12, 2010 - 21:19

New Delhi: If UPSC selection criteria
for shortlisting candidates is processed in a fair, impartial
and reasonable manner, no case for any interference is
required, the Central Administrative Tribunal (CAT) has held.

"We find no basis to accept the contention regarding
arbitrariness or discrimination against the applicants," the
Tribunal, comprising Members Shanker Raju and Veena Chhotray,
said while dismissing a petition.

The applicants -- Atul Kumar Nasa and Ajay Sachan,
approached the CAT after not being issued call letters for
interview for the posts of Deputy Drugs Controller despite
claiming to be fulfilling all eligibility conditions.

The tribunal rejected their contentions, disputing
validity of shortlisting criteria of the UPSC.

"As per the settled law, even a selected candidate has
no legally enforceable right," the CAT said.

It noted that preferential treatment would be meted
out to those candidates by the Commission having higher
qualifications after it was approved by the competent

The tribunal consented with an earlier apex court
decision, cited as a precedence, saying there is every
presumption in form of the bonafide exercise of power by the
administration unless the contrary is proved with a proof of a
very high degree of credibility.

It refuted the allegations of arbitrariness in the
selection process as the UPSC had followed the shortlisting
criteria uniformly.


First Published: Friday, February 12, 2010 - 21:19

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